Mahmoud v Attorney General of New South Wales [2016] NSWCA 263

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahmoud v Attorney General of New South Wales [2016] NSWCA 263 Hearing dates: 19 September 2016 Decision date: 19 September 2016 Before: Gleeson JA Decision: (1) Stand over paragraph 5 of the applicant's amended notice of motion filed 13 September 2016 to the concurrent hearing of the application for leave and the appeal on 4 November 2016.

(2) Otherwise the applicant's amended notice of motion filed 13 September 2016 is dismissed with costs.

(3) Extend the time for the filing and service of a draft notice of appeal relating to the judgments of Rothman J and Schmidt J and Registrar Bradford by 10 October 2016.

(4) Extend the time for the filing and service of the applicant's written submissions, not more than 20 pages, by 10 October 2016.

(5) Extend the time for the filing and service of the respondent's written submissions, not more than 20 pages, by 17 October 2016.

(6) The applicant to file and serve any written submissions in reply, not more than 10 pages, by 28 October 2016.

(7) Note that the respondent has delivered to the applicant in Court today the 6 volumes of the Blue and Black Appeal Books.

(8) Direct the respondent to file and serve the Orange Book by 2 November 2016. Catchwords: PRODEDURE – Judgments and orders - amending, varying and setting aside – applicant seeking leave to appeal from orders under s 8(7) Vexatious Proceedings Act 2008 (NSW) – application to vacate concurrent hearing – where no explanation for failure by applicant to comply with previous deadlines to file and serve draft notice of appeal and submissions – application for summary determination of appeal – power of single Judge of Appeal under s 46 Supreme Court Act 1970 (NSW) – application for disqualification of Court of Appeal Registrar for actual and apprehended bias – whether prejudice or hatred towards the applicant – whether prejudgment or mind not open to persuasion – whether fair-minded lay observer might reasonably apprehend that the Registrar might not bring an impartial and unprejudiced mind to resolution of questions to be determined – whether shown that Registrar might not decide matters of case management other than on legal and factual merits consistent with s 56 Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Supreme Court Act 1970 (NSW) ss 46, 75A(7),(9) Vexatious Proceedings Act 2008 (NSW) ss 8(7)(a), (b) Cases Cited: Attorney General for the State of New South Wales v Mahmoud [2015] NSWCA 899 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Mio Amico Pty Ltd v Australian and New Zealand Banking Group [2013] NSWCA 353 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Viavattene v Attorney General (NSW) [2015] NSWCA 44 Category: Procedural and other rulings Parties: Tosson Mahmoud (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: JS Emmett (Respondent)